DOCUMENT RESUME

ED 347 139 SP 033 884

AUTHOR Davis, Brenda M.; Williams, James L.TITLE Integrating Legal Issues into Teacher Preparation

Programs.PUB DATE 92

NOTE 19p.

PUB TYPE Viewpoints (Opinion/Position Papers, Essays, etc.)(120)

EDRS PRICE MF0140001 Plus Postage.DESCRIPTORS *Administrator Responsibility; Child Abuse; Child

Neglect; Cluster Grouping; Educational Environment;Educational Legislation; Education Courses;Elementary Secondary Education; General Education;Higher Education; Integrated Curriculum; *LegalResponsibility; Models; Preservice Teacher Education;School Law; Special Needs Students; *StudentResponsibility; *Student Rights; Supervisory Methods;*Teacher Responsibility; *Teacher Rights

kBSTRACTLegal issues have become of increasing concern to

school teachers and school officials. This article addresses the needfor teachers, administrators, and students to have a basic awarenessof their legal rights and responsibilities. Based upon a review ofleading law digests, the following significant legal issues areidentified and examined: integrating special needs students, childabuse or neglect, supervision of school activities, and maintainingan appropriate educational climate. Two models (figures appended) areproposed to incorporate these issues into preservice teachereducation programs in the context of coursework in the liberal artscurriculum. The first model assumes the format of a cluster coursesurrounding a central theme such as basic rights. In such a cluster,several coltrses would be offered in different disciplines and wouldaddress aspects of the issue of basic rights. Participating coursesmi4ht include philosophy, political science, sociology, andeducation, and would provide opportunites for active learning andintegration of learning across the curriculum. The second modelproposes broad-based topics presented in teacher education coursesand the liberal arts curriculum, capped by a seminar which wouldintegrate topics and issues. (LL)

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Legal Issues

Integrating Legal Issues into Teacher Preparation

Programs

Brenda M. DavisDepartment of EducationRandolph-Macon College

James L. WilliamsDepartment of SociologyRandolph-Macon College

Address reprint requests to: Brenda M. Davis

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Running Head: Integrating Legal Issues

BEST COPY HAHNE

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Legal Issues

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Abstract

Legal issues have become of increasing concern to

school teachers and school officials. Relevant data

from American school law cases are presented that

support the importance of discussion of legal issues in

the preparation of teachers. These include: special

education, child abuse/neglect, supervision of school

activities, and maintaining an appropriate educational

climate. Finally, two inodels are presented that suggest

how legal issues can best be addressed in the

preparation of teachers through education and liberal

arts coursework.

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Introduction

Day to day functions within schools are

increasingly impacted by legal decisions affecting such

diverse issues as curriculum, management of the school

environment, education of special students, as well au

decisions concerning basic rights afforded to all

persons. The increasing concern with such issues in our

society highlight the need for teachers to be trained

in the legal rights and responsibilities of schools,

teachers, and students.

The number of teachers and administrators involved

in legal proceedings involving teachers and

administrators each year is significant (Fischer,

Schimmel, and Kelly, 1991, p. xxvii). Statistically the

number of law suits in education is on the rise in the

United States and most teachers are well aware of this

phenomenon (Traynelis-Yurek and Giacobbe, 1992).

Teachers and administrators are increasingly

realizing the need for greater awareness of legal

issues that impact them in their drdly work. A recent

survey of practicing teachers (Traynelis-Yurek and

Giacobbe, 1992) examined twenty possible issues that

have been covered in teacher training programs. The

authors found that legal issues (laws and litigation)

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were rated as the third most essential area of teacher

preparation.

In this article we discuss the need for basic

awareness of legal issues among elementary, middle, and

secondary teachers. Secondly, we propose models to

incorporate these issues into the education of

preprofessional teachers within a liberal arts

curriculum.

Contemporary Legal Issues for Teachers

Scholars in the field of educational law regularly

produce digests of legal issues and decisions of

concern to educators and administrators (e.g. Fischer,

Schimmel, and Kelly 1991; Data Research Inc., 1992).

These compendiums contain discussions of a large number

of legal cases and findings relating to such diverse

areas as employment rights, student rights, supervision

of after school activities, administrative liability,

and the rights of handicapped students.

Based on a review of the leading digests, and the

experiences of the authors, we have identified and will

examine four significant legal issues: child abuse,

integrating special needs students, maintaining an

appropriate educational environment, and supervision of

school activities.

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Child Abuse

A recent trend in the study of child abuse has

been toward broadening the definition of the concept.

Illustrative of this is the approach taken in the

National Child Abuse Prevention and Treatment Act of

1974, in which child abuse is defined as physical or

mental injury, sexual abuse, or exploitation, negligent

treatment, or maltreatment of a child under age

eighteen..by a person who is responsible for the

child's welfare, under circumstances which indicate

that the child's health or welfare is harmed or

threatened thereby (Fischer, Schimmel, and Kelly, 1991,

p. 77).

The central issue for teachers is their duty to

report child abuse. Presently all states require

reporting of child abuse if the abuse or neglect

results in physical injury. Educators must have reason

to believe or reasonable cause to believe or suspect

that a child is subject to abuse or neglect (Fischer,

Schimmel, and Kelly, 1991, p. 78). In all states,

teachers who are acting in good faith when they report

suspected child abuse are protected from civil and

criminal prosecutions thereby.1

IlitgglaUng_apecial Needs Students

Many people have made significant efforts to

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ensure that the educational needs of handicapped

children are provided for to the maximum extent

appropriate, and that as far as possible they are

educated with nonhandicapped children in regular

classes. The Education for All Handicapped Children Act

of 1975 (Data Research Inc. 1992, p. 424; and Fischer,

Schimmel, and Kelly, 1991, p. 313) requires states to

provide procedures to ensure that handicapped children

be educated to the maximum extent appropriate with

nonhandicapped children in regular classes. A number of

court cases (e.g. Board of Education v. Rowley 1982;

and Block i District of Columbia, 1991) have helped

clarify the requirements governing the educational

placement of handicapped children.2 Thus handicapped

children may not be excluded on the basis of the

teacher's discomfort with the child's handicap, or

other reasons.

Specifically, federal legislation requires that no

handicapped child may be denied a free appropriate

education, and that handicapped children must be fairly

assessed so they can be protected from inappropriate

classification (Data Research Inc. 1992, p. 447;

Fischer, Simmel, and Kelly, 1992, p. 318). Handicapped

children may not be inappropriately segregated from

their nonhandicapped peers and whenever possible they

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must be included in regular programs or schools.

Finally, state and local educational agencies are

obligated to provide "fair and impartial" hearings to

resolve disputes over placement of handicapped childrer

(Fischer, Simmel, and Kelly 1991, p. 318; Data Researe,

Inc., 1992, p. 433).

Maintaining Appropriate Educational Environment

A number of complex legal issues are subsumed

under the concept of maintaining an appropriate

educational environment. This includes issues related

to classroom religious activities, teacher

incompetence, and teacher misconduct. Classroom

religious activities may include improperly engaging in

religious activities, or departing from established

curricula to advocate religious points of view.

The concern for teachers is whether government

practices relating to religion violate the

Establishment Clause cf the First Amendment (Data

Research Inc., 1992, p. 55). Thus for example all

teachers should be aware of the case of Lemon v.

Kurtzman (1971), which established the main test to

determine if government practices violate the

Establishment Clause. Generally speaking, an

educational practice must have a secular purpose, the

main effect must be one that neither advances or

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inhibits religion, and it must not foster excessive

government entanglement with religion (Fischer, Simmel,

and Kelly, 1991, pp. 170-72; Data Research Inc., p.

55).

Incompetence includes teaching deficiencies such

as failure to maintain order and inadequate knowledge

of subject matter (Data Research Inc. 1992, p. 282).

Courts generally allow incompetence as a reason for

dismissal providing proper procedures are followed

(Data Research Inc., 1992, p.282-283).

Misconduct involves such discrepant issues as

sexual harassment, sexual abuse, and discriminatory

treatment (Data Research Inc., 1992, pps. 177, 232).

Each of these issues has been the subject of complex

litigation tl'emselves. Our concern is that teachers are

aware of the gravity of these issues and the importance

of remaining current with proper procedures regarding

these issues.

A significant body of case law is developing

regarding the issues of willful teacher misconduct and

incompetence as grounds for censure or termination.

Thus all teachers should be familiar with the

established policies of their school district regarding

the definition of misconduct and the circumstances in

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which they may be censured or terminated for

incompetence.

Supervision of School Activities

Many legal cases concern the complex area of

suprvision of school activities. Because their charges

are minors, teacher responsibilities in terms of

supervision are more complex than for those who

instruct adults, and thus it behooves teachers to be

aware of legal developments regarding supervision.

Supervision is an issue in such diverse educational

activities as school athletics, shop classes, and on or

off-grounds activities.

The primary legal concept around which supervision

cases are centered is the idea of negligence.

Generally, negligence is defined as acts or omissions

that demonstrate a failure to use reasonable care or

ordinary care, including inadvertence, carelessness, or

the failure to foresee potential harm (Fischer, Simmel,

and Kelly, 1991 p. -57). To be guilty of negligence,

the following elements must be met:

the existence of a legal duty to conform ones

conduct to a specific standard to protect others

from unreasonable risks of injury, a breach of

that duty, the breach must be the direct cause of

that injury, and the plaintiff must suffer damages

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as a result (Data Research Inc., 1992, p. 2).

However, legislators and courts have traditionally

recognized the existence of certain defenses against

charges of negligence. These include: governmental

immunity (under certain circumstances), and the

doctrines of contributory and comparative negligence.3

The relevance for teachers is that they need to be

aware of the complexity of the issues related to

supervision of minors under their care.

Models for Integration of School Law in the Preparation

of Teachers

As evidenced by the examples of court cases cited,

it is increasingly important for classroom teachers to

be aware of their rights and responsibilities and those

of students. In order to facilitate the awareness of

legal issues into the education of teachers, two models

are proposed specifically for the undergraduate liberal

arts preparation of teachers. Legal issues are well-

suited for an integrated liberal arts and teacher

preparation program because effective teaching is

related to knowledge of subject matter, critical

thinking, and practical applications.

The first model for integration of legal issues

into the preparation of teachers may take the format of

a cluster course surrounding a central theme such as

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basic rights (see Figure 1). In such a cluster,

several courses would be offered in different

disciplines that would address aspects of the issue of

basic rights. Students in teacher preparation programs

and students in varied liberal arts programs would

participate. For example, participating courses may be

offered in philosophy, political science, sociology,

and education. The courses would share selected

activities such as those suggested in Figure 1.

This model also provides excellent opportunities

for active learning and for integration of learning

across the curriculum for all students. For future

teachers, it is gives varied viewpoints on legal issues

and basic rights as they relate to education.

A second model proposes broad-based topics that

may be addressed throughout the liberal arts education

of future teachers (see Figure 2). The topics would be

presented in the education curriculum and in the

liberal arts/general education curriculum. A final

senior seminar or capstone course in the education

curriculum would be a place for integration of these

numerous topics and issues relating to legal issues in

education.

In the education curriculum, Foundations of

Education may explore rights of teachers and rights of

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students as well as the overall structure of the

educational system. Educational Psychology might review

rights of special needs students and relevant issues of

adolescent development. Classroom management classes

could examine the limits of discipline and how

classroom management impacts rights and

responsibilities of teachers and students.

Courses throughout the liberal arts and general

education program of undergraduate liberal arts

colleges provide numerous opportunities for examination

of legal issues in education. For example, in sociology

juvenile delinquency or sociology of law give valuable

liberal arts' perspectives to legal issues impacting

education. Political science courses describe basic

knowledge of how laws are formulated, constitutional

law, and the Bill of Rights. Classes in history could

explore the roles of states and education or the

process and perspective of western civilization on

basic rights. Anthropology could explore the

comparative development of educational systems or the

evolution of systems such as laws. other disciplines

within the liberal arts including psychology,

philosophy, international studies programs and others

are rich with topics for examination of legal issues

for education. Finally, in the preparation of teachers,

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the senior seminar or capstone course offers an arena

for synthesis of these perspectives.

For teacher preparation programs considering

implementation of these models, programs may find it

useful to review suggested levels of knowledge of legal

issues in designing objectives for the students. These

levels of knowledge may be categorized into basic,

intermediate, or advanced levels.

For basic levels of understanding, students should

know:

- based on the 10th Amendment, education is

considered among the powers of the states;

- states have primary power and responsibility

for public schools, powers must be exercised

with rights guaranteed in Constitution;

- issues addressed and implications of the Bill of

Rights.

For intermediate levels of knowledge, it is suggested

students understand:

- civil rights statutes as related to schools;

selected cases in education and relationship to

the Bill of Rights;

- structure of federal and state court systems.

Advarced levels of knowledge should enable students to

secure:

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constitutional interpretation of selected

educational issues;

- awareness of historical and cross-cultural

influences on legal issues;

- understanding of the interdisciplinary nature of

legal issues and schools, teachers, and

students;

- awareness of similarities and differences in

legal issues from cross-cultural perspectives.

The suggested models as well e.s levels of

knowledge of legal issues for future teachers are

deemed important in the preparation of teachers. As

schools are required to assume greater

responsibilities, teachers must be better informed

about their roles in the vigilant protectiJn of their

own rights and those of students. Thus, schools can

become more viable instruments of social change.

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References

Data Research, Inc. (1992). Deskbook encyclopedia

of american school law. Rosemount, Minn.: Data

Research, Inc.

Fischer, Louis, Schimmel, D., & Kelly, C. 1991.

Teachers and the law, (3rd ed.). New York: Longman Pub.

Co.

Traynelis-Yurek, Elaine, & Giacobbe, G.A. (1992).

Teacher preparation areas described as most valued and

least valued by practicing teachers. Teacher Educators

Journal, 3(1), 23-31.

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Endnotes

1. The precedent for these requirements is the case of Landerosv. Flood (1976, cited in Fischer, Schimmel, and Kelly 1991, p.83), in which it was held that physicians can be held monetarilyliable for failure to report child abuse.

2. The problems associated with educating handicapped studentswere brought to public awareness most recently, perhaps, in thecontroversies over the education of children with AIDS.

3. Recent cases that have helped clarify these issues includeCzaplicki v. Gooding Joint School District 231 (1988, cited inData Research Inc., 1992, p. 24-25), which found that principalshave a statutory duty to protect the health of students they areresponsible for, and must act reasonably in the face of aforeseeable risk to children, and Marlowe v. Rush-HenriettaCentral School District (1990, cited in Data Research Inc., 1992,p. 8). This case dealt with the complex issues related tosupervision of student athletics. In this case the court foundthat schools have no duty to protect student athletes fromunreasonable risks.

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iiModel 1 for Legal Issuesfor Classroom Teachers

Cluster course(s): Theme of Basic Rights

Possible strategies for integration

Panel discussions (legal expert, ethics professorrepresentative from the American Civil Liberties Union)Shared text (foundations of educaion text would beinteresting choiceDramatic video for all classes to viewDebate on basic rightsPiegal rights (student participation)

is

Model 2 for Legal Issuesfor Classroom Teachers

Cluster course(s): Theme of Basic Rights

k

Education Curriculum

Education Foundations

Educational Psychology

Classroom ManagementSenior seminar/Capstone

Liberal Arts/General

Curriculum

Sociology

Political Science

History

Philosophy

International Study

Anthropology

Psychology